Skilled migration shake-up - MODL change

[Zoltan Bertok]

The changes, due to be announced by Immigration Minister Chris Evans on Monday, will include amendments to the ''migration occupations in demand'' list, which sets out areas where skilled workers are needed and awards ''points'' to migrants applying to work in these areas.
. . .
The changes are expected to break the link between permanent residency and trade occupations, such as hairdressing and cookery, currently on the demand list and attractive to overseas students wishing to stay on in Australia.

http://www.theage.com.au/national/skilled-migration-shakeup-20100205-nip5.html

[Migration Help]

Migration Help has been advised Senator Chris Evans, Minister for Immigration and Citizenship, will be making a speech tomorrow in which the Minister will announce significant policy reforms to the skilled migration program.

This event is being hosted by the Australian Demographic and Social Research Institute (ADSRI) of the Australian National University. Representatives from industry peak bodies, unions, the education sector and key interest groups, as well as stakeholders of the ADSRI, have been invited to attend.

The details of the meeting are as follows:

- Time: 8.30am for a 9.00am start.
- Date: 8 February 2010
- Venue: The Hall University House, Australian National University



Further information about this matter will be posted on this forum as and when it becomes available.

MH

[Migration Help]

Information about the changes now available on the immigration website - http://www.immi.gov.au/skilled/general-skilled-migration/whats-new.htm#a



SMARTER, English-speaking migrants who want to work in Australia will jump the queue under a major immigration shake-up to be announced today.

And about 20,000 migrants who have applied for work visas will be denied entry and refunded $14 million in application fees because their English is not good enough.

Immigration Minister Chris Evans will outline a new direction for the skilled migration program, complementing the economic strategies of the states.

It will allow states to broaden their ability to migrant head-hunt, plus show the Commonwealth under new state-based migration plans where it has brain drains and vocational weaknesses. It will also reveal the scrapping of a labour-shortage list that includes cooks and hairdressers and a loophole making it easier for overseas students to remain permanently in Australia will be tightened.

A new targeted list of professions will be introduced mid-year and the "points" system re-evaluated with the potential for more weight to be placed on English as a first language and qualifications acquired from top overseas universities.

MH

[Migration Help]

Have a read of this.....What's New? Recent Changes in General Skilled Migration (http://www.immi.gov.au/skilled/general-skilled-migration/whats-new.htm#a)

- MODL revoked from the 8 Feb 2010.
- New SOL to come into effect mid-year when the CSL will be revoked.
- 20,000 plus visa application fees to be refunded to those applicants who will not meet the new requirements.

Latest media story as well......

KATHARINE MURPHY
February 8, 2010

ABOUT 20,000 people will have their visa applications cancelled as the Rudd government launches a crackdown in the skilled migration program.

In a move likely to inflame political sensitivities over the treatment of Indian students, the government is expected to deny migrants any opportunity of achieving ''back door'' permanent residency through the skilled migration scheme.

The changes to be unveiled today will see 20,000 current applications binned; an overhaul of the queueing system that identifies occupations in demand and creates a points system; and state governments will be asked to develop new migration plans.

The Immigration Minister will also gain new legal authority to set a maximum number of visas for a single occupation.

The cancelled applications apply to all offshore general skilled migration claims lodged before September 2007. Refunding 20,000 visa applications will cost taxpayers about $14 million.

Given the changes could have a significant impact on many foreign students already in Australia, the government will introduce transitional arrangements to apply until 2012.

Foreign students who have a qualification for an occupation no longer considered in demand will get to apply for a temporary 18-month visa, allowing them to gain work experience.

The 18 months will also give a foreign graduate time in which to find an employer willing to sponsor their application as a skilled migrant.

If they are unsuccessful in that attempt, they will have to return to their country of origin.

The overhaul of the system will set a new list of occupations in demand.

The new system is expected to favour skilled workers including nurses, general medical practitioners, mechanical engineers and teachers instead of groups such as cooks and hairdressers.

Employers are supportive. Yesterday, Australian Industry Group chief executive Heather Ridout said: ''The changes should result in a better connect between permanent residency and addressing Australia's critical skills needs.''

In a frank speech to be delivered this morning, Immigration Minister Chris Evans will argue that the skilled migration program has not been working in Australia's economic or demographic interests.

''The program has been delivering self-nominated migrants from a narrow range of occupations with poor to moderate English language skills who struggle to find employment in their nominated occupation,'' Senator Evans will argue.

Senator Evans will acknowledge the impact of the changes on foreign students, but argue they can still gain residency if they gain qualifications in professions that are in demand.

He said the current tensions and misunderstandings have been made worse by unscrupulous migration agents.

''[These agents] have been misleading many international students into believing that a course in Australia gave them an automatic entitlement to permanent residence,'' Senator Evans said. ''It does not, and it will not.''

Senator Evans will also argue that the government supports skilled migration and continues to want migrants, ''be they from India, the United Kingdom or China - our three largest source countries or elsewhere''.

''We want skilled migrants on terms that work both for Australia and for the migrants themselves. We need a program with integrity and direction.''

SOURCE (http://www.theage.com.au/national/crackdown-on-skilled-migrants-20100207-nksr.html)

MH

[Zoltan Bertok]

http://www.immi.gov.au/skilled/general-skilled-migration/whats-new.htm

Extracts from the pdfs:

Changes to the General Skilled Migration Program

Removal of the MODL
On 8 February 2010 the Minister announced the revocation of the MODL from 8 February 2010. The revocation of the current MODL will not affect those who at the date of announcement:
• hold a Skilled—Graduate (subclass 485) visa, or have a pending subclass 485 visa application and are yet to apply for a permanent or provisional General Skilled Migration (GSM) visa, or
• have a pending GSM visa application.

New Skilled Occupation List from mid-2010
The new SOL will be announced by 30 April 2010 and will take effect in mid-2010 and will apply to all applicants lodging visa applications made on or after this date, except to GSM applicants who at the date of announcement ( 8 February 2010):
• hold a Skilled—Graduate (subclass 485) visa, or had a pending subclass 485 visa application and had not yet lodged an application for a provisional or permanent GSM visa and who make an application by 31 December 2012, or
• have a pending GSM visa application.

In addition, the new SOL will not apply to people applying for a Skilled—Graduate (subclass 485) visa who at 8 February 2010 hold a:
• Vocational Education and Training Sector (subclass 572) visa
• Higher Education Sector (subclass 573) visa
• Postgraduate Research Sector (subclass 574) visa.
However these student visa holders will be required to have an occupation on the new SOL to apply for a permanent GSM visa.

Employers and state and territory governments will still be able to sponsor applicants who have nominated an occupation that is not included in the new SOL.

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Revoking the Critical Skills List
The Critical Skills List (CSL) will be revoked when the new Skilled Occupation List (SOL) comes into place in mid- 2010. Priority processing arrangements for applications for permanent skilled migration will continue until they are reviewed in mid-2010

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GSM applications lodged before 1 September 2007.
Once the set number is reached, any applications awaiting a decision will not be considered and the application returned to the applicant or their authorised recipient. These applications will be taken not to have been made. Refunds of the visa application charge (VAC) will be made to the payer of these charges for affected visa applicants.
You can apply again for any of the current GSM visa subclasses. However, you will need to meet the current legislative requirements, which have changed significantly from those that existed prior to 1 September 2007.

- I applied for an onshore GSM visa prior to 1 September 2007. Will my application be subject to the capping and ceasing arrangements announced by the minister on 8 February 2010?
- No.

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Changes to the skills assessment requirements for GSM applicants nominating a trade occupation

The visa subclasses that are subject to the JRP are:
• Skilled—Independent (residence) visa (subclass 885)
• Skilled—Sponsored (residence) visa (subclass 886)
• Skilled—Regional sponsored (provisional) visa (subclass 487)

If you already hold a suitable skills assessment dated before 1 January 2010, and you are nominating a trade occupation, the intended changes will mean that you will no longer be required to obtain a further skills assessment which has been assessed against the JRP in order to apply for permanent residency.

It is expected the changes will commence in the first quarter of 2010.
Further information will be provided in the coming weeks.

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GSM Points Test Review?
The GSM Points Test Review will be undertaken in the first half of 2010. A discussion paper will be placed on the department’s website www.immi.gov.au by 12 February 2010 and be open for public comment until 12 March 2010. Government will consider the recommendations made.

[Zoltan Bertok]

New priority processing arrangements which apply to the following visas from 8 February 2010:
• Employer Nomination Scheme (ENS)
• Regional Sponsored Migration Scheme (RSMS)
• General Skilled Migration (GSM) visas listed in question three.

The following processing priorities (with highest priority listed first) apply:
1. Applications from people who are employer sponsored under the ENS and the RSMS.
2. Applications from people who are nominated by a state/territory government agency under a state migration plan agreed to by the minister.
3. Applications from people who are nominated by a state/territory government agency and whose nominated occupation is on the Critical Skills List (CSL).
4. Applications from people who are neither nominated nor sponsored in priority groups 1, 2 or 3, but whose nominated occupation is listed on the CSL.
5. Applications from people who are nominated by a state/territory government agency whose nominated occupation is not listed on the CSL.
6. (i) Applications from people whose occupations are listed on the Migration Occupations in Demand List (MODL).
(ii) Aplications from people who are sponsored by family and whose nominated occupation is not listed on the CSL.
7. All other applications are to be processed in the order in which they are received.

[Zoltan Bertok]

Before 8 February
Q 2 I applied for a subclass 485 visa before 8 February 2010. When it is granted, can I apply for a permanent General Skilled Migration visa?

Yes you can apply for a permanent General Skilled Migration (GSM) visa and nominate an occupation which is on the SOL at 8 February 2010.You will not be subject to the new SOL provided you apply for a permanent GSM visa prior to 31 December 2012.

Q 99 Do I have to leave Australia when my subclass 485 visa expires?
No. You may stay on the Bridging Visa associated with your Sc. 885 or other substantive visa application.

After 8 February
Q 3 I applied for subclass 485 visa on or after 8 February 2010. When it is granted, can I apply for a permanent General Skilled Migration Visa.

Yes. If, however, you apply for a permanent GSM visa after mid-2010 you will need to nominate an occupation that is included on the new Skills Occupation List (SOL). If your nominated occupation is not on the SOL then you may wish to seek sponsorship from an employer and apply under the Employer Nomination Scheme (ENS) or Regional Sponsored Migration Scheme (RSMS) visa categories.

Q 5 Do I have to leave Australia when my subclass 485 visa expires?
Yes. Unless you will be able to secure a sponsorship from an employer and apply under the Employer Nomination Scheme (ENS) or Regional Sponsored Migration Scheme (RSMS) visa categories.